Screenwriter’s copyright returns from the dead – Labor law doesn’t control work-for-hire determination
Abstract: Employee or independent contractor? The answer is critical for a variety of rights, and multiple tests have been developed under employment law. But, in Horror, Inc. v. Miller, the U.S. Court of Appeals for the Second Circuit found those tests aren’t determinative when it comes to copyright issues. This article reviews the employment status — and thus copyright ownership — of a screenwriter for the successful “Friday the 13th” movies. Horror, Inc. v. Miller, No. 18-3123 (2d Cir. Sept. 30, 2021).